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Judgments of Supreme Court of India and High Courts

Vineeth vs Athira on 7 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY, THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940

Crl.MC.No. 7817 of 2018

CC 1851/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA

CRIME NO. 90/2014 OF MARARIKKULAM POLICE STATION, ALAPPUZHA

PETITIONERS/ACCUSED:

1 VINEETH,
AGED 28 YEARS,
S/O UDAYAN, PATTANIVELI VEEDU, S N PURAM P O,
CHARAMANGALAM, KANJIKKUZHI PANCHAYAT, ALAPPUZHA.

2 VILASINI,
AGED 59 YEARS,
W/O UDAYAN, PATTANIVELI VEEDU, S N PURAM P O,
CHARAMANGALAM, KANJIKKUZHI PANCHAYAT, ALAPPUZHA

BY ADV. SRI.S.R.SREEJITH

RESPONDENTS/DE FACTO COMPLAINANT AND STATE:

1 ATHIRA,
AGED 26 YEARS,
D/O VELAYUDHAN, ANJILIKKAATTU THARAYIL, THURAVOOR
PANCHAYAT, WARD NO.9, ALAPPUZHA-688532.

2 STATE OF KERALA,
THROUGH THE S.I. OF POLICE, MARARIKKULAM POLICE
STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-682 031.

R1 BY ADV. P VIJESH KUMAR
R2 BY SMT SHEEBA K, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7817 of 2018 2

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure (“the Code” for brevity).

2. The 1st respondent is the de facto complainant in C.C.

No.1851 of 2014 on the file of the Judicial First Class Magistrate-I,

Alappuzha. The petitioners herein are the husband and mother-in-

law of the 1st respondent and they are being proceeded against for

having committed offence punishable under Section 498A r/w.

Section 34 of the IPC.

3. The instant petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The 1st

respondent has filed an affidavit stating that she does not wish to

continue with the prosecution proceedings against the petitioners.

4. The learned Public Prosecutor has obtained instructions.

He submitted that the statement of the 1st respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.

5. I have considered the submissions advanced.
Crl.MC.No. 7817 of 2018 3

6. In Gian Singh v. State of Punjab [(2012) 10 SCC 303]

and in Narinder Singh v. State of Punjab [(2014) 6 SCC 466],

the Apex Court has laid down that in appropriate cases, the High

Court can take note of the amicable resolution of disputes between

the victim and the wrongdoer to put an end to the criminal

proceedings. Further in Jitendra Raghuvanshi Others v. Babita

Raghuvanshi Another [(2013) 4 SCC 58], it was observed that

it is the duty of the courts to encourage genuine settlements of

matrimonial disputes. If the parties ponder over their faults and

terminate their disputes amicably by mutual agreement instead of

fighting it out in a court of law, the courts should not hesitate to

exercise its powers under Section 482 of the Code. Permitting such

proceedings to continue would be nothing, but an abuse of process

of court. The interest of justice also require that the proceedings be

quashed. Having considered all the relevant circumstances, I am of

the considered view that this Court will be well justified in invoking

its extraordinary powers under Section 482 of the Code to quash the

proceedings.

In the result, this petition will stand allowed. Annexure-A1 final

report and all proceedings pursuant thereto against the petitioners
Crl.MC.No. 7817 of 2018 4

now pending as C.C.No.1851 of 2014 on the file of the Judicial First

Class Magistrate-I, Alappuzha are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/-

//TRUE COPY// P.A. TO JUDGE
Crl.MC.No. 7817 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-A1 ACCUSED COPY OF THE FINAL REPORT IN CRIME
NO.90/2014/2014 MARARIKKULAM POLICE STATION.

ANNEXURE-A2 TRUE COPY OF JUDGMENT DATED 08.06.2015
PASSED BY THE FAMILY COURT, ALAPPUZHA IN
O.P.NO.448/2014

ANNEXURE-A3 AFFIDAVIT DATED 08.11.2018 SWORN TO BY THE
1ST RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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